What occurs during a sublease?

During a sublease, a tenant retains some level of interest in the lease while transferring certain rights to another party, often referred to as the subtenant. This arrangement allows the original tenant (also known as the sublessor) to continue holding their lease obligations and maintain responsibility to the landlord, while enabling them to lease the property — or a portion of it — to someone else, without giving up their rights entirely.

This limited transfer of rights is crucial, as the original tenant remains liable for rent and property conditions according to the terms of the original lease agreement. Therefore, the subtenant does not hold the same full rights as the primary tenant would have under a direct lease with the landlord. Understanding the nuances of subleasing is essential for both tenants and landlords to navigate their legal and financial responsibilities appropriately.